Europeanisation of Administrative Justice? The influence of the ECJ’s case law in Italy, Germany and England
Promovendus: Mw. Dr. M. Eliantonio
Promotores: Prof.Mr. N. Verheij, Mw. Prof.Dr. E.I.L. Vos
Duur: 15/9/2003 - 14/9/2007
Promotie: Maastricht, 19/12/2008
The thesis concerns the influence of the ECJ's case-law on various aspects on national administrative procedure. The thesis will be structured as a comparison between the Italian, English, German and Dutch legal systems, with the purpose of assessing whether a ius commune in the field of adminisitrative law is emerging in Europe. I selected some cases of the ECJ that, in my opinion, may have an influence on the national administrative procedure of the Member States (e.g. interim relief, power of the judge to raise ex officio grounds based on the violation of EC law, time-limits, rules of evidence). I analyse if and to what extent these cases have brought about changes for the national administrative procedure and if, due to these changes, national systems are converging towards a common European model.